UNION BANK OF INDIA Vs. KANHAIYA LAL RUPANI

JUDGEMENT

(1.) The employer-petitioner aggrieved by an order passed by the Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Kanpur, U. P. dated 5th May, 1988, copy whereof is appended as Annexure-5 to the writ petition, allowing the application of the workman concerned under Section 33C (2) of the Industrial Disputes Act. 1947 (Central Act), hereinafter referred to as the Act, approached this Court by means of present writ petition under Article 226 of the Constitution of India.

(2.) The fact as emerges from the writ petition as well as from the order impugned in the present writ petition is that the workman-respondent was working with the employer-Bank as Cashier at Mau Nathbhanjan Branch. Thereafter on 20th December. 1978. he was suspended and during the period of suspension, he was paid subsistence allowance, as would be clear that this suspension order was recalled vide order dated 24th September, 1981. The operative portion whereof is as under :

(3.) It is admitted case of the parties that no disciplinary proceedings has been initiated or conducted against the workman concerned. The workman concerned therefore, filed an application, as stated above, under Section 33C (2) of the Act.